State v. Jones, 522 So. 2d 560 (La. 1988). · Go Syfert
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State v. Jones, 522 So. 2d 560 (La. 1988). Cases Citing This Book View Copy Cite
11 citation events (3 in the last 25 years) across 2 distinct courts.
Strongest positive: State v. Edwards (lactapp, 1989-01-18)
Top citers, strongest first. 1 distinct citer. How cited ↗
cited Cited "see" State v. Edwards
La. Ct. App. · 1989 · signal: see · confidence high
See State v. Jones, 517 So.2d 402 (La.App. 5 Cir.1987), writ denied 522 So.2d 560 (La.1988).
Retrieving the full opinion text from the archive…
STATE of Louisiana
v.
Robert E. JONES.
88-K-0261.
Supreme Court of Louisiana.
Apr 12, 1988.
522 So. 2d 560
Marcus.
Published

Denied.

MARCUS, DENNIS and LEMMON, JJ., would grant the writ. The court of appeal opinion clearly conflicts with our decision in State v. Jones, 404 So.2d 1192 (La.1981).

LEMMON, Justice, dissenting.

This is a direct review of a guilty plea rather than a collateral attack on the plea. If the colloquy at the guilty plea was insufficient to establish that defendant entered the plea knowingly, intelligently and voluntarily, then State v. Jones, 404 So.2d 1192 (La.1981), precludes this DWI conviction from being used in the future as a predicate offense to enhance the penalty in a subsequent DWI conviction. However, any deficiency in this colloquy on direct review does not affect this conviction under Jones unless an actual jail sentence was imposed.[1]

1 Under Jones a Boykin -type examination in a misdemeanor guilty plea is required only to impose an actual jail sentence for the present conviction OR to use the present conviction as the basis for enhancing the penalty in a future conviction.